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This article discusses the basic purposes that the law of contract should serve and in the light of this discussion takes a position in controversial issues in contract theory such as expectation versus reliance and restitution damages, the extent to which the intentions of the parties should be...
Persistent link: https://www.econbiz.de/10013044954
The work endeavors to blaze a trail to the uncharted relationship of the most meaningful recent product in the area of European private and commercial law – the Draft Common Frame of Reference (DCFR) – and international commercial arbitration. The focus is on three areas of private and...
Persistent link: https://www.econbiz.de/10013045328
This Working Paper provides a clear but critical assessment of the EU's process of simplification and qualitative improvement of the 'acquis', a process originally known as 'Better Law-making', subsequently as 'Smart regulation' and, in its latest incarnation, as 'Regulatory Fitness and...
Persistent link: https://www.econbiz.de/10013045350
The members of the former Reflection Group on the Future of EU Company Law, which published its report in April 2011, decided to publish their views on the “Action Plan on European Company Law and Corporate Governance” of the European Commission of 12 December 2012 as well as subsequent and...
Persistent link: https://www.econbiz.de/10013046361
Unlike other industries, significant changes in the airline industry have not mainly occurred due to technological changes, but rather as a result of developments in the applicable legal framework and various institutional reforms. As a consequence of the deregulation wave which dates back to...
Persistent link: https://www.econbiz.de/10012919882
Competitor agreement not to solicit or hire each other's employees as well as agreements among competitors to poach a rival entity's key employees could be deemed as a violation of competition law principles (and in some jurisdictions, public policy doctrines).European and US jurisprudence shows...
Persistent link: https://www.econbiz.de/10012921375
The current legal analysis on the blockchain technology focuses on the financial regulation of the cryptocurrencies and little investigation is done in the area of privacy regulation of this technology.This research shows that the blockchains are much more nuanced than could be served by a...
Persistent link: https://www.econbiz.de/10012924400
Several years after the inception of the most dominant cryptocurrency, bitcoin, the European Central Bank in 2015 indicated the need for establishing legal clarity by relevant authorities through explaining how the current legal framework applies to cryptocurrencies. Three years later, no...
Persistent link: https://www.econbiz.de/10012924727
Recent jurisprudence of the European Court of Justice (ECJ) marks a striking shift towards a more restrictive interpretation of EU citizens' rights. The Court's turnaround is not only highly relevant for practical debates about ‘Social Europe' or ‘welfare migration', but also enlightening...
Persistent link: https://www.econbiz.de/10012927646
Everyone is talking about the relationship between data protection, “data power” and competition law. The increasing importance of data and the presumed concentration of data in the hands of certain companies have stoked fears, leading to calls for political regulation and increased...
Persistent link: https://www.econbiz.de/10012928955